Limitations on Personal Injury Compensation

Limitations on Personal Injury Compensation 2

Limitations on Personal Injury Compensation 3

Accidents inevitably lead to a multitude of issues, not the least being an equal multitude of questions about legal liability and the evaluation of any claim resulting from the injury.  It is a circumstance where it seems everyone has advice, but that obtained from a specialist personal injury attorney who can properly and honestly review your claim is the best way forward.

Most civil litigation in the United States is personal injury lawsuits, which are covered under tort claim acts.  Most commonly these will be accidents involving the negligence of a third party or entity and being traffic, construction, medical malpractice and similar cases.

The National Center for Health Statistics, a department within the Centers for Disease Control and Prevention, reports that around 31 million people are injured across the country each year that require medical treatment with some two million such cases involving hospitalization.  Over 160,000 result in death.

Car accidents make up the bulk of such cases with data from the National Highway Traffic Safety Administration reporting that there are around 5.5 million car accidents in the country each year, resulting in three million injuries and 40,000 fatalities. There are also 60,000 injuuries and 5000 deaths occurring from truck accidents.

Construction accidents account for some 300,000 personal injuries per year, as well as 1,000 deaths.

So for those affected by a personal injury situation there are key steps that need to be taken to make the victim aware of how best to achieve a successful, legal outcome for any personal injury litigation that results from the accident.

Factors That Affect Your Case

Choosing an appropriate attorney is obviously a key step to getting a good outcome. This means making some serious checks via directories, word-of-mouth, testimonials and the like.

If the attorney has years of experience in handling the type of personal injury that you are dealing with and if they are aggressive and yet very compassionate, then they may be the right person to help you get the full compensation for your damages that you ask for.

Liability Issues

There are a few factors that can affect your case, such as who is liable. The person who is responsible for the injury is considered the liable party. In the case of a defective product the liable party is the manufacturer.

When a doctor has not provided quality care that another physician would have been able to provide, then they are liable for the injury to their patients. And if a driver runs a red light, then they are liable for an accident they caused by not paying attention. The specifics of your situation may be limited by who the liable party is.

If you had a pre-existing condition before your accident, then that may not be included in your compensation when receiving treatment for it. However, if the accident aggravated or worsened the pre-existing condition or injury, then you may be entitled to compensation for the medical care that you received to treat the illness or condition.

Tips To Help Your Personal Injury Lawsuit

There are some important things that you should know when you file a personal injury lawsuit for a car accident. These tips will help you during the process so that you can help your case as much as possible.

  • Do not speak with the attorneys from the other party or insurance company: They will try to get you to say something that will undermine your case. Before you talk to anyone about your accident, inform your attorney who will advise you on what to say.
  • Submit documents as you receive them: You will be getting letters, bills and other documents in the mail. It is important that everything your attorney needs for your case and all correspondences are submitted to the law office in a timely manner. 
  • Request a copy of the police report right away if you did not receive one at the scene of the accident

Why and When You Need A Car Accident Attorney

Your attorney is the advocate who will argue for the highest compensation possible. Non-economic damages, such as pain and suffering, are harder to calculate because they are not based on actual numbers.

 But a car accident, medical injury, slip and fall or any other accident can cause major disruptions in your lifestyle due to the resulting injury. You may be worried about your credit score, getting your kids to school, completing school yourself, going to the grocery store or how the stress will affect your marriage. You may be wondering how you were going to pay for your attorney and even have some concerns about whether or not an attorney can help you. 

These are all normal questions that a person can have after a car accident, so visit to learn more.

Source: PendergrassLawFirm

1 thought on “Limitations on Personal Injury Compensation”

  1. People need to understand this. When you get hurt the first person you call is a attorney. he will direct you where to go after a fender bender. Hospitals do not write reports in your favor..

Comments are closed.

Scroll to Top